If you are ever called as a witness

Dear Readers, If you are ever called as a

witness, particularly as a party, please pay attention to the simplicity of

your role.  If you don’t, the results can be disastrous.

 

Several weeks ago, I was questioning the other party at a temporary custody hearing,

and I felt like I was quizzing a table.  I’d ask a question, hang my head

for about five (5) minutes, forced to listen to an unresponsive soliloquy,

hoping against hope the witness would ever get around to answering my question.

 I can’t believe that this helped the party in the eyes of the judge (and,

it makes me wonder if his attorney ever bothered to prepare him prior to

court).  Being evasive, especially, when a simple question is asked, is

never a good idea.  It makes you look like you have something to hide.

 

My client was direct, honest, and answered the questions.  She would come

across that way with me, before court, but I also spent several hours working

with her to prepare her what to expect.  Yes, I tried to tell her what

types of questions would be asked and, without telling her what to say, I did

try to get her comfortable with making some uncomfortable admissions and/or

make constructive points.

 

More importantly, I tried to impress on her that she had one singular

responsibility when she was on the witness stand – answer the question!

 This meant several things.  She had to hear the question, listen to

it, and understand it.  “Listening” is different than hearing; it means

that she would focus on the question asked, not the last question, the question

she was expecting, the question she wanted, or what she thought was important

about the question.  It is, perhaps, somewhat robotic and difficult in

emotional cases, but just hear, listen, understand, answer.

 

Most folks (like the party I was questioning) take testifying personally.

 They feel it is their job to explain themselves or defend themselves –

No!!!  Just answer the d- – – question!  We see what happens in

public life when you try to “explain” something.  Is there anything more disgusting

than watching a politician try to “explain” why they did something

reprehensible?  Just say what you need to and stop.  Don’t justify,

don’t explain, don’t defend, just admit it and move on.

 

The same is true when testifying.  If anything needs explaining, I tell my

clients, “That’s my job as your attorney.  I should know what you know [if

you are smart] and, if something comes out that needs to be fixed, let me do

it.”  My clients often feel that a particular fact needs to be emphasized

or clarified, when I, as an attorney, feel that it is not nearly as important

as my client believes.  They have to trust me.

 

This last point is a tough one, for me, as an attorney.  When I am in

court, I am like a movie director, trying to direct a scene so it both makes

sense to the fact-finder and makes the point I need made for my client.

 Of course, I am also an actor in my own scene, which makes for a job

tough for the director.

 

Because I have that much power, if the hearing does not go well, it can leave me

with self-doubt and regret, given the trust given over to me by my client

 So, I guess the last thing I would say about testifying, particularly if

you are a party, is to trust your attorney to be a good director, otherwise,

you need to find yourself another attorney.  Keep all of this in mind and

you will make a solid impression on the witness stand.

 

Local attorney Jim Rockefeller owns the

Rockefeller Law Center and is a former Houston Co. Chief Assistant District

Attorney, and a former Miami Prosecutor. Visit www.rockefellerlawcenter.comto submit confidential legal questions, and to review

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